Common use of Buyer SEC Documents Clause in Contracts

Buyer SEC Documents. (a) Since January 1, 2011, Buyer has filed with the Commission all forms, registration statements, reports, schedules and statements required to be filed by it under the Exchange Act or the Securities Act (all such documents filed on or prior to the date of this Agreement, collectively, the “Buyer SEC Documents”), (b) at the time filed (or, in the case of registration statements, solely on the dates of effectiveness) (except to the extent corrected by a subsequently filed Buyer SEC Document) (i) no Buyer SEC Document contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading and (ii) each Buyer SEC Document complied in all material respects with the applicable requirements of the Exchange Act and the Securities Act, as the case may be and (c) any audited or unaudited financial statements and any notes thereto or schedules included therein (the “Buyer Financial Statements”) included in the Buyer SEC Documents (i) complied as to form in all material respects with applicable accounting requirements and with the published rules and regulations of the Commission with respect thereto, (ii) were prepared in accordance with GAAP applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto or, in the case of unaudited statements, as permitted by applicable Commission regulations) and (iii) fairly present (subject in the case of unaudited statements to normal, recurring and year-end audit adjustments) in all material respects the consolidated financial position of Buyer and its subsidiaries as of the dates thereof and the consolidated results of their operations and cash flows for the periods then ended.

Buyer SEC Documents. (a) Since January 1, 2011, Buyer has filed all Buyer SEC Documents. As of their respective dates, the Buyer SEC Documents complied in all material respects with the Commission all forms, registration statements, reports, schedules and statements required to be filed by it under the Exchange Act or requirements of the Securities Act (all such documents filed on or prior to and the date Exchange Act, as the case may be, and none of this Agreement, collectively, the “Buyer SEC Documents”), (b) at the time Documents when filed (or, in the case of registration statements, solely on the dates of effectiveness) (except to the extent corrected by a subsequently filed Buyer SEC Document) (i) no Buyer SEC Document contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading and (ii) each misleading. Except to the extent that information contained in any Buyer SEC Document complied has been revised or superseded by a later filed Buyer SEC Document, none of the Buyer SEC Documents contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The financial statements of Buyer included in the Buyer SEC Documents as of and for the period ended December 31, 2000 and June 30, 2001 (i) comply as to form, as of their respective dates of filing with the SEC, in all material respects with the applicable requirements of the Exchange Act and the Securities Act, as the case may be and (c) any audited or unaudited financial statements and any notes thereto or schedules included therein (the “Buyer Financial Statements”) included in the Buyer SEC Documents (i) complied as to form in all material respects with applicable accounting requirements and with the published rules and regulations of the Commission with respect theretoAccounting Rules, (ii) were have been prepared in accordance with GAAP United States generally accepted accounting principles (except, in the case of unaudited statements, as permitted by the Accounting Rules) applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto orthereto), in the case of unaudited statements, as permitted by applicable Commission regulations) and (iii) fairly present (subject in the case of unaudited statements to normal, recurring and year-end audit adjustments) in all material respects the consolidated financial position of Buyer and its subsidiaries consolidated Subsidiaries as of the dates thereof and the consolidated results of their operations and cash flows for the periods then endedended (subject, in the case of unaudited statements, to normal recurring year-end audit adjustments).

Buyer SEC Documents. Buyer has delivered to the Stockholders a true and complete copy of each report, schedule, registration statement and definitive Proxy Statement filed by Buyer with the Securities and Exchange Commission (a"SEC") Since under the Securities Act and the Securities Exchange Act of 1934, as amended (the "Exchange Act") since January 1, 20112000 (the "Buyer SEC Documents"), which are all of the documents that Buyer has filed was required to file with the Commission SEC since such date. As of their respective dates, the Buyer SEC Documents complied in all forms, registration statements, reports, schedules and statements required to be filed by it under material respects with the Exchange requirements of the Securities Act or the Securities Act (all Exchange Act, as the case may be, and the rules and regulations of the SEC thereunder applicable to such documents filed on or prior to the date of this Agreement, collectively, the “Buyer SEC Documents”), (b) at and none of the time filed (or, in the case of registration statements, solely on the dates of effectiveness) (except to the extent corrected by a subsequently filed Buyer SEC Document) (i) no Buyer SEC Document Documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein therein, or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading and (ii) each Buyer SEC Document complied in all material respects with misleading. As of their respective dates, the applicable requirements of the Exchange Act and the Securities Act, as the case may be and (c) any audited or unaudited financial statements and any notes thereto or schedules included therein (the “of Buyer Financial Statements”) included in the Buyer SEC Documents (i) complied as to form in all material respects with applicable accounting requirements and with the published rules and regulations of the Commission SEC with respect thereto, (ii) thereto and were prepared in accordance with GAAP applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto orbooks and records of Buyer and its subsidiaries, in the case of unaudited statements, as permitted by applicable Commission regulations) which are complete and (iii) fairly present (subject in the case of unaudited statements to normal, recurring and year-end audit adjustments) accurate in all material respects the consolidated financial position of Buyer and its subsidiaries as of the dates thereof and the consolidated results of their operations and cash flows for the periods then endedwhich have been maintained in accordance with generally accepted accounting principles.